Senate File 2329 - Introduced SENATE FILE 2329 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3016) A BILL FOR An Act relating to evidence, including spousal privilege 1 and confidential communications between spouses, and the 2 admissibility of evidence in a prosecution for physical 3 abuse or a sexual offense upon or against a child, person 4 with an intellectual disability, person with a cognitive 5 impairment, or person with a developmental disability. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5282SV (2) 89 as/rh

S.F. 2329 Section 1. Section 622.9, Code 2022, is amended to read as 1 follows: 2 622.9 Communications between husband and wife. 3 1. Neither husband nor wife can be examined in any case 4 as to any communication made by the one to the other while 5 married, nor shall they, after the marriage relation ceases, be 6 permitted to reveal in testimony any such communication made 7 while the marriage subsisted. 8 2. Notwithstanding subsection 1, a husband or wife may be 9 examined about, and reveal in testimony, any of the following 10 communications: 11 a. Communications of threats against the husband or wife or 12 third party. 13 b. Communications that have been transmitted or revealed to 14 a third party. 15 3. Subsection 1 does not apply in any proceeding in which 16 either husband or wife is charged with an offense against the 17 other. 18 Sec. 2. NEW SECTION . 622.31A Admissibility of evidence in 19 certain physical abuse and sexual offense cases. 20 1. As used in this section: 21 a. “Child” means a person under fourteen years of age. 22 b. “Cognitive impairment” means a deficiency in a person’s 23 short-term or long-term memory; orientation as to person, 24 place, and time; deductive or abstract reasoning; or judgment 25 as it relates to safety awareness. 26 c. “Developmental disability” means the same as defined 27 under the federal Developmental Disabilities Assistance and 28 Bill of Rights Act of 2000, Pub. L. No. 106-402, as codified in 29 42 U.S.C. §15002(8). 30 d. “Intellectual disability” means a disability of 31 children and adults who as a result of inadequately developed 32 intelligence have a significant impairment in ability to learn 33 or to adapt to the demands of society. 34 2. In a prosecution for physical abuse or a sexual offense 35 -1- LSB 5282SV (2) 89 as/rh 1/ 5

S.F. 2329 including but not limited to a sexual offense in violation of 1 section 709.2, 709.3, 709.4, 709.11, 709.12, 709.14, 709.15, 2 709.16, or 709.23, upon or against a child, a person with an 3 intellectual disability, person with a cognitive impairment, or 4 person with a developmental disability, the following evidence 5 shall be admitted as an exception to the hearsay rule if all of 6 the requirements in subsection 3 apply: 7 a. Testimony by the victim concerning an out-of-court 8 statement made by the victim to another person regarding the 9 occurrence of the offense. 10 b. Testimony by another concerning an out-of-court statement 11 made by the victim describing any act or detail pertaining to 12 any act which is an element of an offense charged for physical 13 abuse or a sexual offense against the victim. 14 3. The testimony described in subsection 2 shall be admitted 15 into evidence at trial as an exception to the hearsay rule if 16 all of the following apply: 17 a. The party intending to offer the statement does all of 18 the following: 19 (1) Notifies the adverse party of the intent to offer the 20 statement. 21 (2) Provides the adverse party with the name of the witness 22 through whom the statement will be offered. 23 (3) Provides the adverse party with a written summary of the 24 statement to be offered. 25 b. The court finds, in a hearing conducted outside the 26 presence of the jury, that the timing of the statement, the 27 content of the statement, and the circumstances surrounding 28 the making of the statement provide sufficient safeguards of 29 reliability. 30 c. The child, person with an intellectual disability, person 31 with a cognitive impairment, or person with a developmental 32 disability satisfies one of the following: 33 (1) Testifies at the trial. 34 (2) Is unavailable to testify but provides corroborative 35 -2- LSB 5282SV (2) 89 as/rh 2/ 5

S.F. 2329 evidence of the act which is the subject of the statement. 1 4. If a statement is admitted pursuant to this section, 2 the court shall instruct the jury that it is for the jury 3 to determine the weight and credibility to be given to the 4 statement, and in making that determination, the jury shall 5 consider the age and maturity of the child or the disability 6 of the person with an intellectual disability, person with 7 a cognitive impairment, or person with a developmental 8 disability; the nature of the statement whether consistent 9 or inconsistent; the circumstances under which the statement 10 whether consistent or inconsistent was made; and any other 11 relevant factors. 12 5. This section shall not prevent the admission of any 13 evidence concerning the forfeiture of property under chapter 14 809A. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to evidence, including spousal privilege 19 and confidential communications between spouses, and the 20 admissibility of evidence in a prosecution for physical abuse 21 or a sexual offense upon or against a child, person with an 22 intellectual disability, person with a cognitive impairment, or 23 person with a developmental disability. 24 Current law relating to marital privilege allows 25 communication that occurs between spouses to remain 26 confidential and free from public exposure and protects spouses 27 from being required to testify against one another in a civil 28 or criminal case. Current law does not provide any exceptions. 29 The bill specifies the following exceptions to the marital 30 privilege: (1) communications of threats against the husband 31 or wife or third party, and (2) communications that have been 32 disclosed to a third party. The bill provides that the marital 33 privilege does not apply in any proceeding in which either the 34 husband or wife is charged with an offense against the other. 35 -3- LSB 5282SV (2) 89 as/rh 3/ 5

S.F. 2329 The bill provides that in a prosecution for physical abuse 1 or a sexual offense including but not limited to a sexual 2 offense in violation of Code section 709.2 (sexual abuse in 3 the first degree), 709.3 (sexual abuse in the second degree), 4 709.4 (sexual abuse in the third degree), 709.11 (assault with 5 the intent to commit sexual abuse), 709.12 (indecent contact 6 with a child), 709.14 (lascivious conduct with a minor), 7 709.15 (sexual exploitation by a counselor, therapist, or 8 school employee), 709.16 (sexual misconduct with offenders 9 and juveniles), or 709.23 (continuous sexual abuse of a 10 child), upon or against a child, a person with an intellectual 11 disability, a person with a cognitive impairment, or a person 12 with a developmental disability, testimony by the victim 13 concerning an out-of-court statement made by the victim to 14 another person regarding the occurrence of the offense and 15 testimony by another concerning an out-of-court statement made 16 by the victim describing any act or detail pertaining to any 17 act which is an element of an offense charged for physical 18 abuse or a sexual offense against the victim shall be admitted 19 into evidence at trial as an exception to the hearsay rule. 20 Such out-of-court statements shall be admitted if the party 21 intending to offer the statement notifies the adverse party 22 of the intent to offer the statement, provides the adverse 23 party with the name of the witness through whom the statement 24 will be offered, and provides the adverse party with a written 25 summary of the statement to be offered; the court finds in 26 a hearing conducted outside of the presence of the jury that 27 the timing of the statement, the content of the statement, 28 and the circumstances surrounding the making of the statement 29 provide sufficient safeguards of reliability; and the child, 30 person with an intellectual disability, person with a cognitive 31 impairment, or person with a developmental disability testifies 32 at the trial or is unavailable to testify but provides 33 corroborative evidence of the act which is the subject of the 34 statement. 35 -4- LSB 5282SV (2) 89 as/rh 4/ 5

S.F. 2329 The bill provides that if a statement is admitted pursuant 1 to the bill, the court shall instruct the jury that it is for 2 the jury to determine the weight and credibility to be given to 3 the statement, and in making that determination, the jury shall 4 consider the age and maturity of the child or the disability 5 of the person with an intellectual disability, cognitive 6 impairment, or developmental disability; the nature of the 7 statement; the circumstances under which the statement was 8 made; and any other relevant factor. 9 The bill shall not prevent the admission of any evidence in a 10 forfeiture proceeding brought under Code chapter 809A. 11 The bill provides definitions for “child”, “cognitive 12 impairment”, “developmental disability”, and “intellectual 13 disability”. 14 -5- LSB 5282SV (2) 89 as/rh 5/ 5